High Court of Malawi Financial Crimes Division - 2025

3 judgments

Court registries

  • Filters
  • Judges
  • Topics
  • Alphabet
Sort by:
3 judgments
Citation
Judgment date
September 2025
Chief Justice certifies the whole proceeding as constitutional; certification is a judicial, conclusive act not amenable to review or appeal.
Certification under s.9(2) Courts Act — Chief Justice certifies the whole original proceeding; Certification is judicial, conclusive and transforms the case into a constitutional matter; Party-commenced certification ordinarily commenced by summons under CPR Order 19 (service and response required); Alleged procedural irregularities in certification are to be addressed to the Chief Justice (Order 2 Rule 3(a)), not by judicial review or appeal.
2 September 2025
August 2025
Court refused challenge to Acting Director’s authority, stayed 24‑hour production requirement, and granted review permission on campaign speech vs ACB investigatory powers.
Administrative law – judicial review; Actings appointments – authority of Deputy Director to act as Director; Anti‑Corruption Bureau powers – s.10–11 Corrupt Practices Act; Electoral law – freedom of expression during campaign (constitutional s.35 and Elections Act s.53–55); Reasonableness of statutory document production timelines; Interim stay to protect campaign speech.
31 August 2025
March 2025
High Court reversed conviction entered in absentia for felony; ordered trial to continue upon arrest and plea to amended charges.
Criminal procedure – review – High Court power to call records – Trial in absentia – section 248 CP&EC – felony charges – requirement to issue warrant and bring accused before court – convictions where accused did not plead to amended charge.
7 March 2025